Terms and Conditions
These Terms and Conditions (“Terms”) contain important information about your legal rights and agreement with Connected Analytic Services, LLC, including its affiliates, agents, service providers, subsidiaries, parents and/or related entities (collectively, “CAS”). Note that if you have a business relationship with us, the contractual terms of that relationship will control in the event of any conflict. PLEASE SEE SECTIONS 9, 10 and 14 BELOW REGARDING YOUR LEGAL RIGHTS IN ANY DISPUTE INVOLVING OUR SERVICES, INCLUDING A WAIVER TO BRING ANY CLAIM UNDER A CLASS ACTION.
When you choose to interact with our Services (defined below) in any way, you agree with these Terms and the Privacy Statement posted on our website. As such, please do not use our Services unless you have read and agree with the terms below. Should you have any questions or concerns, please contact us as directed in the Contact section below.
You may not access the Services if you are our direct competitor, except with our prior written consent. In addition, you may not access the Services for purposes of monitoring its availability, performance or functionality, or for any other benchmarking or competitive purposes.
These terms were last updated on May 1, 2021.
“Services” means this website and any and all content, software, data, information and materials contained in it and transactions completed through it and/or resulting from your use of this website. As described below, the Services also includes the processing and disclosure of driving behavior data at your direction.
“Third Party Content” means certain third party analysis, content, tools, features, materials, websites, services or advertisements which CAS makes available on or through this Services, or to which CAS links on any website.
“Users” means individuals who are authorized to use the Services, and have been supplied user identifications and passwords by us. Users may extend, where applicable, to your employees, consultants, contractors and other agents.
2. The Services.
Toyota drivers may opt-in to share driving data through CAS to potentially save money for usage-based insurance offers. You can opt-in to share your data from the Toyota Owners website www.toyota.com/owners or from a Toyota mobile application. This information may include driving behavior data and data indicating vehicle features and capabilities that insurers may use for underwriting and pricing auto insurance (collectively, “driving behavior data”).
At your express request and direction, CAS can disclose your information, particularly your driving behavior data, to the insurance companies you specify so you can receive certain insurance quotes, policies or other services from them.
CAS operates as a consumer reporting agency governed by the Fair Credit Reporting Act (“FCRA”) and other applicable state and federal laws. CAS is not an insurance agency or insurance provider, and no insurance is bound or provided by us through the Services. The Services do not provide professional advice of any kind, and any information shared through the Services is for general informational purposes only.
You understand that all telephone calls, live chats, and other communications between you and CAS may be monitored and/or recorded. You agree to such monitoring and recording.
3. Our Proprietary Rights.
3.1 As between CAS and you, and subject to your right, title and interest in data you submit through these Services or otherwise provide or submit to CAS, CAS owns all right, title and interest in and to the Services, including all related intellectual property rights subsisting therein. Subject to the limited rights expressly granted hereunder, and rights to any third party software used by CAS’s service providers, CAS reserves all rights, title and interest in and to the Services, including all related intellectual property rights subsisting therein. We grant no rights to you hereunder other than as expressly set forth herein. The Services and all materials and information published thereon are protected by U.S. and foreign copyright and other intellectual property laws. You agree to protect the proprietary rights of CAS and to comply with all reasonable written requests made by CAS or its third party licensors to protect their and others’ rights in the website and materials and content made available on or through the Services.
3.2 All CAS denominated branding, other trademarks, and service marks are the property of, or licensed by, CAS. CAS’s trademarks and trade dress may not be used in any form without the prior written consent of CAS, and any use shall be subject to CAS’s then-current policies and requirements. All other trademarks, services marks, logos, designs and trade dress not owned by CAS that appear on the Services are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by CAS.
4.1 Subject to these Terms, CAS hereby grants you a non-exclusive, non-transferable license for your personal, lawful, non-commercial purposes in connection with seeking insurance. You may not use the Services in any manner inconsistent with these Terms.
4.2 You shall not remove any copyright, patent, trademark or other proprietary or restrictive notice or legend contained on of the websites, and you shall reproduce all such notices and legends on all copies of materials downloaded, printed or distributed from the Services which copies are permitted to be made hereunder.
5. Restrictions on Use.
5.1 Except as otherwise expressly provided in these Terms or on the website, you may not download, modify, copy, reproduce, republish, post, resell, upload, transmit or distribute any materials or content, except with the express written consent of CAS or its third party licensors.
5.2 In addition, you agree not to:
- (a) Use or access the Services for any purpose that is unlawful or prohibited by the Terms or display, transmit or otherwise make available on or through the Services material that is infringing, threatening, harassing, libelous, hateful, racially or ethnically objectionable, unlawful, tortious, harmful to children, invasive of another’s privacy or violative of third party privacy rights;
- (b) Reverse engineer, decompile, modify, or create derivative works from any software or materials accessible by or on the Services;
- (c) Frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of CAS without express written consent;
- (d) Make any commercial or non-fair use of the copyrights, trademarks, logos, symbols, or any other mark, device, or commercial identifier of CAS or any of our third party licensors without the express written consent of CAS;
- (e) Use or access the Services in a manner that could damage, disable, overburden, or impair any T CAS IMS server or the networks connected to any CAS server;
- (f) Interfere with any third party’s use and enjoyment of the Services;
- (g) Attempt to gain unauthorized access to the Services, accounts, computer systems, or networks connected to any CAS server through hacking, password mining, or any other means;
- (h) Sublicense any license granted in or to materials on the Services (whether or not any of such acts are for commercial gain or advantage); or
- (i) Access the Services in order to build a competitive product or service, or copy any features, functions or graphics of the Services.
You shall: (i) have sole responsibility for the accuracy, quality, integrity, legality, reliability, and appropriateness of all content and data submitted to or published via the Services by you; (ii) comply with all applicable laws (including but not limited to export laws) in using the Services; and (iii) use the Services solely in accordance with any instructions made available on or through the Services. You shall not disclose or share any ID(s) and password(s) used to access the Services. You are responsible for all activity that occurs under your ID(s) and password(s). You agree to notify CAS in writing promptly upon becoming aware of any unauthorized access or use of the Services by any party.
7. Your Instructions and Requests.
You acknowledge and agree that when the Terms terminate, your access to any content through the Services may terminate, and that following such expiration or termination, Materials may be archived or deleted from the Services in accordance with our applicable records retention policy(ies). We do not guaranty the availability of any other content on the Services, and you acknowledge and agree that any content stored on or through the Services may be archived or deleted periodically in accordance our applicable record retention policy(ies).
8. Links and Third Party Information.
8.1 Third Party Content is not maintained or controlled by CAS, and as a matter of policy, CAS does not independently verify, prescreen or monitor any such Third Party Content. We are not responsible for the availability, content, completeness, adequacy, utility or accuracy of such Third Party Content. CAS does not make any endorsement, express or implied, of any Third Party Content.
8.2 Certain Third Party Content is subject to additional specific terms and conditions which can be found in the Third Party’s terms and conditions.
8.3 Services features that interoperate with Third Party Content depend on the continuing availability of such third party services and materials for use with the Services. If the third party providers of such services or materials cease to make the services or materials available on reasonable terms for the Services, we may cease providing such Services features.
9. Disclaimers and Limits of Liability.
9.1 The information contained in the Services provides only a general overview of subjects covered, is not intended to be taken as advice regarding any individual situation and should not be relied upon as such. Individuals should consult their insurance and legal advisors regarding specific coverage issues. All insurance coverage is subject to the terms, conditions, and exclusions of the applicable individual policies. CAS cannot provide any assurance that insurance can be obtained for any particular individual or for any particular risk, and, unless and to the extent otherwise expressly provided, the display of information on or through the Services should not be considered assurance that insurance can be or has been obtained for any particular client or for any particular risk. CAS is not responsible for accuracy of any Third Party Content containing information or other materials concerning the financial condition or solvency of any insurers or reinsurers, or application of policy wordings of any insurers or reinsurers.
9.2 TO THE FULLEST EXTENT PERMITTED BY LAW, THE SERVICES, AND THE INFORMATION THROUGH THE SERVICES, ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF NON- INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.
9.3 TO THE FULLEST EXTENT PERMITTED BY LAW, CAS SHALL NOT BE LIABLE FOR ANY DIRECT, SPECIAL, PUNITIVE, EXEMPLARY, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOST REVENUES OR LOST PROFITS, WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSSES AND BASED ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SERVICES, OR ANY INFORMATION OR SERVICE ON A LINKED WEBSITE. Some jurisdictions do not allow the limitation or exclusion of certain implied warranties, liability, incidental or consequential damages, so certain provisions of these Terms may not apply to you.
You shall defend us against any claim made or brought against us by a third party alleging that your use of the Services in violation of these Terms, or the data or information you submit through the Services, infringes or misappropriates the intellectual property rights of a third party or violates applicable law, and shall indemnify us for any damages finally awarded against, and for reasonable attorney’s fees incurred by, us in connection with any such claim; provided, that we: (a) promptly give you written notice of the claim; (b) give you sole control of the defense and settlement of the claim (provided that you may not settle any claim unless the settlement unconditionally releases us of all liability); and (c) provide to you all reasonable assistance, at our expense.
11. Changes to Terms.
CAS reserves the right to make changes, modifications, amendments, and/or updates to the Services and the Terms. When these changes are made, we will make a new copy of the Terms available on our website. Changes to the Terms shall be effective when posted. You understand and agree that continued use of the Services after the Terms has changed will be treated as your acceptance of the updated Terms.
12. Term and Termination.
These Terms commence on the date you accept them (e.g., visit our website) and continue until terminated in accordance with this paragraph. You may terminate your use of the Services without cause at any time upon written notice to us. We may terminate access to and use of the Services (a) at any time with or without cause, upon notice to you or (b) upon termination of your relationship with CAS for any reason. Sections 3 (Proprietary Rights), 8 (Links and Third Party Content), 9 (Disclaimers and Limits of Liability), 10 (Indemnification), 14 (Governing Law) and 17 (Miscellaneous) shall survive any termination or expiration of these Terms. We shall have no obligation to maintain or provide you a copy of any of your data in the Services following termination or expiration of these Terms, unless otherwise specified in other applicable agreement between you and CAS, or unless legally required to be retained. UPON TERMINATION OF THESE TERMS, YOUR ACCESS TO OR USE OF CONTENT STORED IN THE SERVICES MAY NOT BE ACCESSIBLE THROUGH THE SERVICES.
13. Sanctions and Export Controls.
This license agreement is expressly made subject to any laws, regulations, orders or other restrictions which may be imposed by the Government of the United States of America on the transaction of business activities with certain countries or nationals or residents of certain countries. Services are not available through CAS to any Restricted Entity (as defined below). You represent and warrant that neither you nor your organization is a Restricted Entity nor are you or your organization using the Services on behalf of or for the benefit of a Restricted Entity. “Restricted Entity” shall mean any individual or organization owned or controlled by, or acting as an agent for, any person or entity with whom a U.S. citizen, national, or company organized under the laws of or operating in the U.S. is prohibited from engaging in transactions by U.S. laws, including without limitation, a person on the Specially Designated Nationals List published by the U.S. Department of the Treasury’s Office of Foreign Assets Control.
14. Governing Law and Class Action Waiver.
These Terms shall be governed by the laws of the State of Delaware, without reference to the principles of conflicts of laws thereof. UNLESS OTHERWISE AGREED-UPON BY YOU AND CAS, YOU AGREE TO SUBMIT TO THE EXCLUSIVE JURISDICTION OF THE COMPETENT STATE AND FEDERAL COURTS LOCATED IN DELAWARE IN RELATION TO ANY CLAIM, DISPUTE OR DIFFERENCE ARISING FROM THESE TERMS OR THE SERVICES, AND YOU AGREE TO WAIVE ANY RIGHT OF REMOVAL OR TRANSFER WHETHER DUE TO FORUM NON CONVENIENS OR OTHER REASON.
TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, YOU AGREE THAT EACH PARTY TO A DISPUTE HEREUNDER MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION. Unless both you and we agree, no arbitrator or judge may consolidate more than one person’s claims or otherwise preside over any form of a representative or class proceeding.
15. Agent for Notice of Claimed Copyright Infringement.
CAS respects the intellectual property rights of authors. To assist copyright owners, CAS has appointed an agent to receive notifications of claims or allegations of copyright infringement regarding materials available or accessible on, through, or in connection with the Services. Any person authorized to act for a copyright owner may notify us of such claims by contacting us in writing at the following address:
Attn: Copyright Agent
Connected Analytic Services 7600 Windrose Ave.
Plano, TX 75024
16. Injunctive Relief.
You acknowledge and agree that any violation of the Terms relating to the disclosure, use, copying, distribution, display or publishing of the content made available through the Services by us or by third party licensors, including any software licensed hereunder, may result in irreparable injury and damage to CAS or its licensors that may not be adequately compensable in money damages, and for which CAS will have no adequate remedy at law. You, therefore, consent and agree that CAS may obtain injunctions, orders, or decrees as may be reasonably necessary to ensure compliance with these Terms. You hereby waive any requirement of the posting of a bond that may apply for issuance of any injunctions, orders, or decrees.
17. Services Controlled from United States
Our Services are operated from the United States. We make no representation that content or materials in the Services are appropriate or available for use in other jurisdictions. Access to any of the Services from jurisdictions where such access is illegal is strictly prohibited. If you choose to access the Services from other jurisdictions, you do so at your own risk.
We may assign our rights and obligations under these Terms, without notice, to: (a) any affiliate of CAS; or (b) any party or its affiliate acquiring all or substantially all of the assets or stock by merger or otherwise of CAS or any affiliate of CAS. These Terms may not be assigned by you without our prior written consent. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms shall be deemed in conflict with applicable law, invalid, void, or for any reason unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining provisions. The Terms and Conditions is the entire and final agreement between CAS and you regarding your access to and use of the Services and the content provided, and supersedes any prior or contemporaneous understandings regarding access and use of the Services.
If you have any questions, concerns or complaints about the Services or the Terms, please contact us at firstname.lastname@example.org, (833) 525-0685 or by mail at:
Attention: Customer Inquiry
Connected Analytic Services
7600 Windrose Ave
Plano, TX 75024